Unlike passengers in a car, pedestrians have no physical barriers to protect them from the impact of a vehicle. Pedestrians are at a heightened risk of accidents, particularly when using a crosswalk.
Your quality of life is likely to worsen after being injured in a pedestrian accident at a crosswalk. You may endure hefty medical bills, psychological toll, and the inability to work at your full capacity.
Although you may be entitled to compensation, you may face resistance from the at-fault party's insurer. You should, therefore, work with an experienced pedestrian accident attorney to protect your interests during the claim process.
What should you do after a pedestrian accident at a crosswalk?
If you’re hit while using a crosswalk, act fast to protect your health and legal rights:
- Seek medical attention immediately—even if injuries seem minor
- File a police report to document the incident
- Save medical records, photos, and witness info
- Contact a pedestrian accident lawyer to investigate the case, collect evidence (including surveillance footage), and negotiate with insurers
An attorney can help you recover compensation for medical bills, lost income, and emotional distress.
What to Do After Being Injured at a Crosswalk
Your actions after a pedestrian accident can enhance your wellness and protect your rights as an injured victim.
Here's what to do after being injured in a pedestrian crosswalk:
Seek Medical Attention
After being injured in a pedestrian accident at a crosswalk, seek immediate medical attention. Even if you initially feel fine, underlying injuries may display immediate symptoms.
Prompt medical evaluation can uncover hidden injuries. A healthcare provider will also initiate medical treatment, helping you avoid potential complications. The at-fault party's insurer can question the severity of your injuries if you delay seeking medical attention.
By seeking medical attention promptly, you prioritize your well-being and establish a concrete medical record of your injuries. A healthcare provider will generate different medical records, including a medical bill, a diagnostic report, and a doctor's note.
A pedestrian accident lawyer can use medical records to prove the extent of your injury and its potential impact on your life.
File a Police Accident Report
In most states, drivers must file a police accident report when involved in a crash resulting in injury, death, or property damage. However, some drivers flee the scene after a crash, affecting your compensation claim.
You can protect your interest in the claim by filing a police accident report.
Here are two reasons for filing a police accident report:
Evidence Collection
A police accident report serves as an official document detailing the circumstances of the pedestrian accident. The report has important details such as the date, time, and location of the incident, as well as witness statements and traffic citations.
A police accident report documents the facts surrounding the accident, which can be instrumental in supporting your case if legal action is necessary.
Legal Protection
Filing a police accident report creates an official record of the incident, which can offer legal protection in disputes or disagreements with the at-fault party or their insurance company.
A pedestrian accident attorney can use the report's findings to establish liability and support your compensation claim.
Consult a Pedestrian Accident Attorney
Although you may be entitled to compensation, you must prove the negligent actions of the at-fault party. A pedestrian accident lawyer can investigate, gather evidence, and substantiate your compensation claim.
Here are different sources of information they may gather on your behalf:
Eye-Witness Statement
Accounts of bystanders at the accident scene can substantiate the accident's facts. Eye-witness accounts can provide a detailed account of the events leading up to the collision and help establish who was at fault.
A pedestrian accident attorney can interview witnesses, record their statements, and use this testimony to support your case.
Images of the Accident Scene
Photos of the accident scene are invaluable evidence that can help recreate the circumstances of the collision. A pedestrian accident attorney can obtain photographs of the crosswalk, traffic signals, and any visible damage to vehicles or property.
These visual records can clearly depict what transpired and support your version of events.
Accident Reconstruction Reports
These detailed analyses prepared by experts recreate the sequence of events leading to the accident. A pedestrian accident attorney can work with a specialist to create a scientifically based collision reconstruction, shedding light on factors such as vehicle speed, braking distances, and impact angles.
Video Footage
Traffic or video surveillance footage can provide objective evidence of the accident. A pedestrian accident lawyer can request footage from nearby traffic cameras or business premises to uncover additional details about the incident.
These recordings can capture the accident as it happened, offering a compelling visual depiction of the events for the court.
Common Injuries in Pedestrian Accidents
Pedestrian accidents can result in different injuries ranging from minor to life-threatening injuries.
Here are the common injuries in pedestrian accidents:
- Traumatic brain injuries
- Broken bones
- Skull fractures
- Spinal cord injuries
- Amputated limbs
- Internal injuries
- Emotional and psychological trauma
What Are the Most Common Causes of Pedestrian Accidents
Pedestrian accidents at crosswalks can be devastating, leaving individuals with injuries and emotional distress. Understanding the common causes of pedestrian accidents helps you pursue compensation for your losses.
Here are some of the key factors that contribute to pedestrian accidents:
- Distracted Driving: In today's digital era, drivers are often distracted by their phones, GPS devices, or conversations with passengers. This lack of focus can lead to drivers missing pedestrians in crosswalks, resulting in accidents.
- Failure to Yield: Many pedestrian accidents occur when drivers fail to yield the right of way to individuals crossing the street at designated crosswalks. Failure to yield accidents mainly happen due to a lack of awareness, impatience, or reckless driving behavior.
- Speeding: Excessive speed also exposes pedestrians to the risk of accidents. A speeding driver may not have enough time to react to individuals crossing the street. Speeding reduces the driver's ability to stop quickly, increasing the likelihood of accidents in crosswalks.
- Poor Visibility: Poor visibility at night or during bad weather reduces the driver's ability to see a pedestrian crossing the road. Fog, dim lighting, or heavy rain may obscure vision, delaying the driver's reaction time.
- Impaired Driving: Pedestrians are also at risk of crashes when a driver operates a vehicle while under the influence of substances such as alcohol, marijuana, over-the-counter medicines, or prescription drugs.
How Much Compensation for Pedestrian Accident
If you become injured in a pedestrian accident, you can pursue compensation for your injury-related losses. There is no average settlement value for a pedestrian accident since the outcome depends on the applicable facts and circumstances.
Some of the factors that determine the settlement value of a pedestrian claim include:
The Severity of Your Injury
The more severe the injury, the higher the potential compensation you may receive. A victim of a pedestrian accident who sustained a traumatic brain injury is likely to receive a higher settlement value compared with a counterpart with a minor sprain.
Injuries that result in long-term disabilities significantly impacting your quality of life will typically warrant greater compensation to cover medical expenses, lost income, pain and suffering, and other damages.
Duration of Your Treatment Plan
The length and complexity of your medical treatment can also impact the value of your claim. Lengthy treatment plans involving surgeries, physical therapy, and ongoing medical care may result in higher compensation to account for these expenses and the impact on your daily life.
The Availability of Evidence
You need evidence to establish liability and determine the value of your claim. Substantial evidence, such as witness statements, police reports, surveillance footage, and medical records, can significantly strengthen your case and support your compensation claim.
A skilled pedestrian accident lawyer can help gather and preserve strong evidence to support your claim.
Insurance Coverage of the At-fault Party
The insurance policy limits of the negligent driver or entity responsible for the accident will also determine your maximum compensation. If the at-fault party has low insurance coverage, the settlement value available to you may be reduced.
A pedestrian accident attorney can initiate a personal injury lawsuit to obtain a court order that compels the at-fault party to compensate you for your losses.
Long-term Impact of Your Injury
The settlement value of a pedestrian accident will also consider the long-term consequences of your injuries. Factors such as permanent disabilities, chronic pain, limitations on daily activities, and future medical expenses can increase the settlement value.
A pedestrian accident lawyer can use medical bills, a specialist's report, and a physician's record to prove the long-term impact of the injury. More importantly, they can negotiate with the insurer so you can receive a higher settlement value that covers your losses.
Can a Pedestrian Sue If Hit By a Car?
As a pedestrian involved in a crosswalk accident, one of the first thoughts that may cross your mind is whether you have the right to seek legal action. The short answer is yes, you can sue if you have been hit by a car while crossing the street.
Pedestrians are afforded certain rights and protections under the law, and if a driver's negligence or recklessness led to your injury, you have the right to sue for compensation.
Filing a personal injury lawsuit is a time-consuming and technical process. This is where the guidance and support of an experienced pedestrian accident lawyer can make a significant difference.
A pedestrian accident attorney with knowledge and experience in personal injury cases can support you during the court process. They can explain your rights and advocate to ensure you receive the compensation you deserve for your injuries.
All legal cases have timelines and deadlines, including pedestrian accident claims. For instance, the personal injury statute of limitations in California is two years from the date of the injury.
You risk losing your right to compensation if you fail to initiate a pedestrian accident lawsuit beyond the two-year deadline. A pedestrian accident attorney will ensure your claim adheres to the various legal timelines applicable to your claim.
How Long Does It Take to Settle a Pedestrian Accident
You can receive a pedestrian accident settlement within a few months or up to a year after initiating the claim. The time can vary depending on unique factors in your case.
Here are the factors that determine how long it takes to settle a pedestrian accident:
Representation from an Experienced Attorney
Having a knowledgeable lawyer by your side, guiding you through the legal process and advocating for your rights, can streamline the process and lead to a faster resolution.
A pedestrian accident lawyer has experience handling similar cases and negotiating with insurance companies, which can expedite the claim process. Their rich network in the industry allows them to conduct speedy investigations and documentation, minimizing potential delays.
Length of Medical Treatment
The extent of your injuries and the duration of necessary medical care directly affect the time it takes to settle. The settlement process may pause during your treatment period so you fully recover before initiating a personal injury lawsuit.
A pedestrian accident attorney may recommend that you initiate a personal injury claim after attaining maximum medical improvement. Maximum medical improvement(MMI) is the point at which the condition of an injured person has stabilized, and further improvement, even with medical treatment, is not expected.
If you finalize a personal injury claim before attaining MMI, you're likely to accept a low settlement offer that doesn't cover your losses. A pedestrian accident attorney can advise you on the right time to file a claim to avoid leaving money on the table.
Clarity of Fault and Liability
Establishing who is at fault and to what extent can impact the negotiation process with the insurance company. Clear evidence and documentation supporting your claim can help expedite the resolution by providing a solid foundation for negotiations.
A pedestrian accident attorney will have an upper hand during negotiations if there is clear evidence demonstrating the other party's fault. They may require extra time for investigations if there are questions about the party responsible for your injuries.
Injured in a Pedestrian Accident?
If you've sustained a severe injury, you're likely to incur a hefty medical bill during the treatment plan. Even so, the at-fault party's insurer may make a low settlement offer that doesn't cover your losses.
A pedestrian accident lawyer understands the potential impact of injury-related losses. They can, therefore, evaluate the value of your losses, establish the applicable damages, and work to maximize your settlement value.
A pedestrian accident lawyer may also represent you in court if you can't agree on a settlement with an insurer. Don’t wait, call today.
